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Deglman v. Guaranty Trust Co. of Canada and Constantineau, [1954] S.C.R. 725

Facts:

Nephew lived with aunt for awhile. She told nephew that he if was good to her and helped she would leave her house to him when she died. He did do things for his aunt. She didn’t leave the house to him in her will. He is making a claim for restitution – you provide something to someone else and now you want it back bc the contract was not performed

Issue(s):

What is the nature of part performance and will it enable a court to order specific performance of a contract?

Ratio:

When part performance is done on the footing of a contractual relationship, and the party who got something out of the performance does not complete the contract, the party who preformed is entitled to recover for that performance.
**(ie. A provided services to B expecting to get paid, therefore B must pay for those services.)

Analysis:

Unjust enrichment – he is entitled to recover what he put in to the contract, otherwise it would be unjust enrichment for the aunt. There was an expectation here that some payment would be given to him

Holding:

The respondent is entitled to recover for his services – what the deceased would have had to pay for them on a purely business basis to any other person


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